CHAPTER 670
H.P. 1447 - L.D. 1944
An Act to Restrict the Availability of Products with Excessive Levels of Arsenic
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, rules authorized in this bill pertaining to the regulation of fertilizers containing deleterious or harmful substances must be in effect as soon as practicable; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §743, first ¶, as amended by PL 1997, c. 454, §2, is further amended to read:
Each brand and grade of commercial fertilizer must be registered before being offered for sale, sold or distributed in this State. The application for registration must be submitted to the commissioner on forms furnished by the commissioner and must be accompanied by an annual fee of $14 per plant food element guaranteed. All registrations expire on December 31st or in a manner consistent with the provisions as to license expiration of the Maine Administrative Procedure Act, Title 5, section 10002, whichever is later. The commissioner may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee. The commissioner may suspend, cancel or refuse to renew, refuse to register or renew or may suspend or cancel registration for failure to comply with this subchapter or with rules adopted pursuant to this subchapter. This refusal, suspension or cancellation is considered rule-making as that term is defined in the Maine Administrative Procedure Act, Title 5, chapter 375 and notice and opportunity for a hearing must be provided in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. The application must include the following information:
Sec. 2. 7 MRSA §743, sub-§4 is amended to read:
4. Registrant's name and address. The name and address of the registrant.; and
Sec. 3. 7 MRSA §743, sub-§5 is enacted to read:
5. Additional information. Additional information as required in rules adopted by the department.
Sec. 4. 7 MRSA §747, sub-§2 is amended to read:
2. Deleterious materials. If it contains any material in sufficient amount to be deleterious to growing plants or any deleterious or harmful substances in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water; or
Sec. 5. Rules. The Commissioner of Agriculture, Food and Rural Resources shall adopt rules that list the additional information that may be required when registering fertilizers under the Maine Revised Statutes, Title 7, section 743, subsection 5 and that list the type and amount of substances that are considered deleterious under Title 7, section 747, subsection 2. In developing those rules, the commissioner shall review standards for metals in fertilizers proposed by the Association of American Plant Food Control Officials and other applicable risk-based assessments of metals or other deleterious or harmful substances and shall seek input on those standards and assessments from the Director of the Bureau of Health in the Department of Human Services. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. Those rules must be adopted no later than 90 days after the effective date of this Act.
Sec. 6. Submission of rules for legislative review. The Commissioner of Agriculture, Food and Rural Resources shall submit 20 copies of the rules adopted under this Act to the joint standing committee of the Legislature having jurisdiction over agricultural matters no later than January 15, 2003. That committee shall review those rules in accordance with the provisions of the Maine Revised Statutes, Title 5, section 8072, subsections 4 and 5 and may report out legislation to the First Regular Session of the 121st Legislature on any matter pertaining to the information that may be requested by the Department of Agriculture, Food and Rural Resources when registering fertilizers or pertaining to adulterated commercial fertilizers.
Sec. 7. Application. Nothing in this Act may be construed to limit the authority of the Department of Environmental Protection to regulate the agronomic utilization of residuals under applicable provisions of the Maine Revised Statutes, Title 38 or under rules adopted by the Board of Environmental Protection regulating the agronomic utilization of residuals.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 11, 2002.
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